Social Welfare Consolidation Act 2005

PART 12

Liability to Maintain Family

Interpretation.

[1993 s284(1); 2005 (SW&P) s23 & Sch 1]

344.—(1) In this Part—

“allowance” means one-parent family payment, supplementary welfare allowance or a relevant payment by virtue of section 178 (1)(a) or (b);

“antecedent order” means—

(a) an order under section 346 (5),

(b) an order under section 346 (6) (insofar as it is deemed to be an order under section 17 of the Enforcement of Court Orders Act 1926), or

(c) an order under section 346 (6) (insofar as it is deemed to be an order under section 5 of the Enforcement of Court Orders Act 1940 );

“attachment of earnings order” means an order under section 347 ;

“competent authority”, in relation to one-parent family payment, means the Minister, and, in relation to supplementary welfare allowance, means the Executive which granted that allowance to a recipient, or the Minister where the allowance was granted by a deciding officer;

“earnings” means any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service),

(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

[1997 s29]

“husband” in relation to a woman who has been married more than once, refers only to her last husband and for this purpose that last husband shall be read as including the man to whom, but for the fact the marriage has been dissolved, being a dissolution recognised as valid in the State, she would be married;

[1997 s29]

“order of the Court” means a maintenance order (including maintenance specified in the order to be in respect of a child), including a lump sum order, a variation order or an interim order, made by a court under the Guardianship of Infants Act 1964 , the Family Law (Maintenance of Spouses and Children) Act 1976 , the Status of Children Act 1987 , the Judicial Separation and Family Law Reform Act 1989 , the Family Law Act 1995 or under any other enactment relating to maintenance, as the case may be, or an order of the court made on foot of a separation agreement;

[1997 s29]

“wife” in relation to a man who has been married more than once, refers only to his last wife and for this purpose that last wife shall be read as including the woman to whom, but for the fact that the marriage has been dissolved, being a dissolution recognised as valid in the State, he would be married.

[1993 s284(2)]

(2) Every reference in this Part to a person who is liable to maintain another person shall be read as meaning a person who by virtue of section 345 is liable to maintain that other person.